La Corte africana dei diritti dell’uomo e dei popoli e i giudizi sulle riparazioni

Abstract

The principle according to which the breach of an engagement involves an obligation to provide reparations – which is one of the pillars of international law – has been fully recognized in the African human rights protection system. This article aims to provide an overview of the case law of the African Court on Human and Peoples’ Rights in this field, in order to analyze how the obligation to make reparations has been concretely implemented. More specifically, the article analyzes the first three (foundational) judgments on reparations handed down by the African Court, discusses the notion of victim in the case law of the Court, and examines the five forms of reparation recognized and accepted by the Court, namely restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition. The article also focuses on the problem of the extremely limited compliance by the States with the decisions issued by the Court, showing that the orders of reparation have been fully implemented only in very rare cases. The last part of the article highlights the main strengths and weaknesses concerning the rulings on reparations in the African system.

Keywords: African Court on Human and Peoples’ Rights, Reparations, Victim, Margin of appreciation, Compliance with judgments.